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2004 Supreme(SC) 178

S. B. SINHA, S. H. KAPADIA
T. N. Alloy Foundry Co. LTD. – Appellant
Versus
T. N. Electricity Boards – Respondent


ORDER

The appellant herein is incorporated under the Indian Companies Act and started its commercial production in the year 1982. It appears that subsequently it became sick. It is alleged that the appellant-Company could not run because of non supply of electrical energy by the respondents herein. It is under such circumstances, the appellant herein filed a suit for damages against respondents for the damage suffered during the period commencing from 28th March, 1983 to 16th October, 1992. The said suit was filed sometime in March, 1993 on the Original Side of the Madras High Court. In July, 1998, the appellant herein filed an interlocutory application for amendment of the plaint. By the said application for amendment, the appellant sought to enhance its claim for damages. The learned Single Judge of the High Court allowed the amendment, as prayed for. The respondents herein went in appeal before the Letters Patent Bench before the High Court and the Bench set aside the order of the learned Single Judge and allowed the appeal. It is against the said order and judgment, the appellant is in appeal before us.

2. Shri T.L.V. Iyer, learned senior counsel, appearing for the appellant, urg







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